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Lt. Test > Criminal Statues 10-14 > Flashcards

Criminal Statues 10-14 Flashcards

1
Q

Any act of sexual gratification involving: 1) The penetration, however slight, of the anus or mouth of a person by the penis of another person or 2) The penetration, however slight, of the labia major or anus of a person by any body member or foreign instrument manipulated by another person.

A

Deviate sexual activity

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2
Q

Culpable Mental State: False Imprisonment in the 1st degree

A

…the person knowingly restrains another person so as to interfere substantially with the other person’s liberty in a manner that exposes the other person to a substantial risk of serious physical injury.

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3
Q

Culpable Mental State: False Imprisonment in the 2nd degree

A

…the person knowingly restrains another person so as to interfere substantially with the other person’s liberty.

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4
Q

Classification: False Imprisonment in the 1st degree

A

C felony

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5
Q

Classification: False Imprisonment in the 2nd degree

A

A misdemeanor

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6
Q

Classification: Vehicular piracy

A

aircraft- B felony

Otherwise- C felony

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7
Q

Classification: Permanent detention or restraint

A 
B felony
D felony (if person detained or restrained is the child of the defendant)
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8
Q

Bodily impact, restraint, or confinement; or threat of any bodily impact, restraint, or confinement.

A

physical force

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9
Q

Culpable Mental State: Robbery

A

…with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately after committing a felony or misdemeanor theft, the person employs or threatens to immediately employ physical force upon another person.

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10
Q

Classification: Robbery

A

B felony

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11
Q

Classification: Aggravated Robbery

A

Y felony

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12
Q

With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon.

A

Battery 1st (B felony)

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13
Q

The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life.

A

Battery 1st (B felony)

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14
Q

With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child.

A

Battery 1st (B felony)

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15
Q

The person knowingly causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the pregnant woman’s unborn child, and the unborn child is subsequently born alive.

A

Battery 1st (B felony)

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16
Q

The person knowingly, without legal justification, causes serious physical injury to a person he or she knows to be 12 years of age or younger.

A

Battery 1st (B felony)

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17
Q

With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a firearm.

A

Battery 1st (Y felony)

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18
Q

The person knowingly causes serious physical injury to any person 4 years of age or younger under circumstances manifesting extreme indifference to the value of human life.

A

Battery 1st (B felony)

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19
Q

Battery in the 1st degree is a ___ if the injured person is a law enforcement officer acting in the line of duty.

A

Class Y felony

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20
Q

With the purpose of causing physical injury to another person, the person causes serious physical injury to another person.

A

Battery 2nd

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21
Q

With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm.

A

Battery 2nd

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22
Q

The person recklessly causes serious physical injury to another person: 1) by means of a deadly weapon or 2) While operating or in actual physical control of a motor vehicle or motorboat if at the time- a) the person is intoxicated or b) the alcohol concentration in the person’s breath or blood is .08 or more.

A

Battery 2nd

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23
Q

The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be 1) a law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while acting in the line of duty 2) a teacher or other school employee while acting in the course of employment 3) an individual 60 years of age or older or 12 years of age or younger 4) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty 5) a physician, licensed as emergency medical services personnel, health care professional, any other health care provider, an individual who is incompetent.

A

Battery 2nd

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24
Q

Classification: Battery 2nd

A

D felony

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25
Q

With the purpose of causing physical injury to another person, the person causes physical injury to any person.

A

Battery 3rd

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26
Q

The person recklessly causes physical injury to another person.

A

Battery 3rd

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27
Q

The person negligently causes physical injury to another person by means of a deadly weapon.

A

Battery 3rd

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28
Q

The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person’s consent, any drug or other substance.

A

Battery 3rd

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29
Q

Classification: Battery 3rd

A

A misdemeanor

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30
Q

A person commits ___ if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: 1) engages in conduct that creates a substantial danger of death or serious physical injury to another person.

A

Aggravated assault

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31
Q

A person commits ___ if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: 2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person.

A

Aggravated assault

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32
Q

A person commits ___ if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: 3) impedes or prevents the respiration of another person or the circulation of another person’s blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person.

A

Aggravated assault

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33
Q

Classification: Aggravated Assault

A

D felony

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34
Q

Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person.

A

Assault in the 1st degree

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35
Q

Purposely impedes or prevents the respiration of another person or the circulation of another person’s blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person.

A

Assault in the 1st degree

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36
Q

Classification: Assault in the 1st degree

A

A misdemeanor

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37
Q

A person commits ___ if he or she recklessly engages in conduct that creates a substantial risk of physical injury to another person.

A

Assault 2nd degree

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38
Q

Classification: Assault in the 2nd degree

A

B misdemeanor

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39
Q

A person commits ___ if he or she purposely creates apprehension of imminent physical injury in another person.

A

Assault 3rd degree

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40
Q

Classification: Assault in the 3rd degree

A

C misdemeanor

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41
Q

A person commits ___ if he or she compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by purposeful conduct designed to instill in the other person a fear that, if a demand is not complied with, the actor or another person will:

(1) Cause physical injury to any person;
(2) Cause damage to property;
(3) Subject any person to physical confinement;
(4) Accuse any person of an offense or cause criminal proceedings to be instituted against any person; or
(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule.

A

Coercion

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42
Q

Classification: Coercion

A

A misdemeanor

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43
Q

A person commits ___ if, with the purpose of causing physical injury to another person, the person strikes or otherwise physically abuses an athletic contest official immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which the athletic contest official is participating.

A

abuse of an athletic official

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44
Q

Classification: Abuse of an athletic official

A

A misdemeanor

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45
Q

It is unlawful for any person to inject any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., into the human body of another person, unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose.

(b) It is unlawful for any person to administer or cause to be ingested, inhaled, or otherwise introduced into the human body of another person a controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq., unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose.
(c) Any person who violates this section with respect to:
(1) A controlled substance in Schedule I or Schedule II, which is a narcotic drug, is guilty of a Class Y felony;
(2) Any other controlled substance in Schedule I, Schedule II, or Schedule III is guilty of a Class B felony; or
(3) Any other controlled substance in Schedule IV, Schedule V, or Schedule VI is guilty of a Class C felony.

A

Introduction of controlled substance into body of another person

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46
Q

A person commits ___ if:
(1) Under circumstances manifesting extreme indifference to the personal hygiene of the law enforcement officer or employee of the correctional facility, the person purposely engages in conduct that creates a potential danger of infection to the law enforcement officer or an employee of any state or local correctional facility while the law enforcement officer or employee of the state or local correctional facility is engaged in the course of his or her employment by causing a person whom the actor knows to be a law enforcement officer or employee of the state or local correctional facility to come into contact with saliva, blood, urine, feces, seminal fluid, or other bodily fluid by purposely throwing, tossing, expelling, or otherwise transferring the fluid or material; or (D FEONLY)
(2) He or she knowingly discharges a firearm with a purpose to cause serious physical injury or death to a law enforcement officer or an employee of a correctional facility while the law enforcement officer or employee of a correctional facility is acting within the scope of his or her official duties and the person:
(A) Is in custody as a result of a felony conviction; (Y FELONY)
(B) Is unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction;
(C) Has a felony conviction for a felony offense which contained as an element the use or threat of violence against another person or the creation of a substantial risk of death or serious physical injury to another person;
(D) Knowingly creates a substantial risk of serious physical injury or death to a person other than the law enforcement officer or the employee of a correctional facility;
(E) Causes the death of more than one (1) person;
(F) Is acting with a purpose to avoid or prevent an arrest or to escape from custody;
(G) Is acting with a purpose to obtain a pecuniary gain; or
(H) Is acting with a purpose to disrupt or hinder the lawful exercise of any government or political function.

A

aggravated assault upon a law enforcement officer or an employee of a correctional facility

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47
Q

A person commits the offense of ___ if:
(A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or
(B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty.

A

terroristic threatening in the first degree

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48
Q

Classification: Terroristic Threatening 1st

A

D felony

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49
Q

A person commits the offense of ___ if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person.

A

terroristic threatening in the second degree

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50
Q

Classification: terroristic threatening in the second degree

A

A misdemeanor

51
Q

A person commits ___ if, while not in the commission of a lawful act, the person:

(1) Shoots at or in any manner projects an object at a conveyance which is being operated or which is occupied by another person with the purpose to cause injury to another person or damage to property; or
(2) Shoots at an occupiable structure with the purpose to cause injury to a person or damage to property.

A

a terroristic act

52
Q

(1) Upon conviction, any person who commits a terroristic act is guilty of a ___.
(2) Upon conviction, any person who commits a terroristic act is guilty of a___ if the person with the purpose of causing physical injury to another person causes serious physical injury or death to any person.

A

Class B felony, Class Y felony

53
Q

A person commits___ if he or she engages in sexual intercourse or deviate sexual activity with another person:
(1) By forcible compulsion;
(2) Who is incapable of consent because he or she is:
(A) Physically helpless;
(B) Mentally defective; or
(C) Mentally incapacitated;
(3) (A) Who is less than ___ years of age.
(B) It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or
(4) (A) Who is a ___ and the actor is the victim’s:
(i) Guardian;
(ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;
(iii) Brother or sister of the whole or half blood or by adoption; or
(iv) Nephew, niece, or first cousin.
(B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.
(b) It is no defense to a prosecution under subdivision (a)(3) or subdivision (a)(4) of this section that the victim consented to the conduct.

A

rape, fourteen (14), minor

54
Q

Classification: Rape

A

Y felony, Any person who pleads guilty or nolo contendere to or is found guilty of rape involving a victim who is less than fourteen (14) years of age shall be sentenced to a minimum term of imprisonment of twenty-five (25) years.

55
Q

A person commits ___ if:
(1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in:
(A) Sexual intercourse;
(B) Deviate sexual activity; or
(C) Sexual contact;
(2)(A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.
(B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim;
(3) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of another person, the person purposely exposes his or her sex organs to a minor, and the actor is:
(A) Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or
(C) The minor’s parent or guardian, an employee in the minor’s school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor;
(4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, the person, being eighteen (18) years of age or older, causes or coerces a minor to expose his or her sex organs to the actor or another person, and the actor is:
(A) Employed with the Department of Correction, the Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(B) Employed by or contracted with the Department of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation or parole or for any other court-ordered reason;
(C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or
(D) The minor’s parent or guardian, an employee in the minor’s school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor; or
(5) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of the actor or another person.

A

sexual indecency with a child

56
Q

Classification: Sexual indecency with a child

A

D felony

57
Q

A person commits ___ if he or she engages in any of the following acts in a public place or public view:

(1) An act of sexual intercourse;
(2) An act of deviate sexual activity; or
(3) An act of sexual contact.

A

public sexual indecency

58
Q

Classification: public sexual indecency

A

A misdemeanor

59
Q

(a) A person commits ___ if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:
(1) In a public place or in public view; or
(2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm.
(b)
(1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class ___.
(2) For a fourth or fifth conviction within ten (10) years of a previous conviction, indecent exposure is a Class ___.
(3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a ___.

A

indecent exposure, A misdemeanor, D felony, Class C felony

60
Q

(a) A person commits the offense of ___ if:
(1) With the purpose to coerce another person to engage in sexual contact or sexually explicit conduct, the person communicates a threat to:
(A) Damage the property or harm the reputation of the other person; or
(B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity;
(2) With the purpose to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct, the person communicates a threat to:
(A) Damage the property or harm the reputation of the other person; or
(B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or
(3) The person knowingly causes another person to engage in sexual contact or sexually explicit conduct or to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct by communicating a threat to:
(A) Damage the property or harm the reputation of the other person; or
(B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity.

A

sexual extortion

61
Q

Classification: Sexual extortion

A

B felony

62
Q

(a) As used in this section, “animal” means any dead or alive nonhuman vertebrate.
(b) A person commits ___ if he or she performs or submits to any act of sexual gratification with an animal involving his or her or the animal’s sex organs and the mouth, anus, penis, or vagina of the other.

A

bestiality

63
Q

Classification: Bestiality

A

A misdemeanor

64
Q

(a) A person with acquired immunodeficiency syndrome or who tests positive for the presence of human immunodeficiency virus antigen or antibodies is infectious to another person through the exchange of a body fluid during sexual intercourse and through the parenteral transfer of blood or a blood product and under these circumstances is a danger to the public.
(b) A person commits the offense of ___ if the person knows he or she has tested positive for human immunodeficiency virus and exposes another person to human immunodeficiency virus infection through the parenteral transfer of blood or a blood product or engages in sexual penetration with another person without first having informed the other person of the presence of human immunodeficiency virus.
(c)
(1) As used in this section, “sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into a genital or anal opening of another person’s body.
(2) However, emission of semen is not required.

A

exposing another person to human immunodeficiency virus

65
Q

Classification: Exposing another person to human immunodeficiency virus

A

A felony

66
Q

(a) A person commits ___ if:
(1) The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor’s spouse and the actor is:
(A) Employed with the Department of Correction, the Department of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Department of Correction, the Department of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;
(B) Employed by or contracted with the Department of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation or parole or for any other court-ordered reason;
(C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(D) An employee in the victim’s school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or
(2) The person is a teacher, principal, athletic coach, or counselor in a public or private school in kindergarten through grade twelve (K-12) and the actor:
(A) Engages in sexual intercourse or deviate sexual activity with a person who is not the actor’s spouse and the victim is:
(i) Less than twenty-one (21) years of age; and
(ii) A student enrolled in the public or private school employing the actor; and
(B) Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.
(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

A

sexual assault in the first degree

67
Q

Classification: Sexual assault in the first degree

A

A felony

68
Q

(a) A person commits ___ if the person:

(1) Engages in sexual contact with another person by forcible compulsion;

A

sexual assault in the second degree

69
Q

(a) A person commits ___ if the person: (2) Engages in sexual contact with another person who is incapable of consent because he or she is:
(A) Physically helpless;
(B) Mentally defective; or
(C) Mentally incapacitated;

A

sexual assault in the second degree

70
Q

(a) A person commits ___ if the person: (3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person’s spouse;

A

sexual assault in the second degree

71
Q

(a) A person commits ___ if the person: (4) (A) Engages in sexual contact with a minor and the actor is:
(i) Employed with the Department of Correction, the Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(ii) Employed by or contracted with the Department of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation or parole or for any other court-ordered reason;
(iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or
(iv) The minor’s guardian, an employee in the minor’s school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.
(B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;

A

sexual assault in the second degree

72
Q

(a) A person commits ___ if the person: (A) Being a minor, engages in sexual contact with another person who is:
(i) Less than fourteen (14) years of age; and
(ii) Not the person’s spouse.
(B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than:
(i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or
(ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older;

A

sexual assault in the second degree

73
Q

(a) A person commits ___ if the person: Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is:
(A) A student enrolled in the public or private school; and
(B) Less than twenty-one (21) years of age.

A

sexual assault in the second degree

74
Q

Classification: Sexual assault in the second degree

A

(1) Sexual assault in the second degree is a Class B felony.
(2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person’s spouse.

75
Q

(a) A person commits ___ if the person:
(1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor’s spouse, and the actor is:
(A) Employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity;
(B) Employed by or contracted with the Department of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the person while the person is on probation or parole or for any other court-ordered reason;
(C) Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the actor is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(D) A mandated reporter under § 12-18-402(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity

A

sexual assault in the third degree

76
Q

(a) A person commits ___ if the person: (2) (A) Being a minor, engages in sexual intercourse or deviate sexual activity with another person who is:
(i) Less than fourteen (14) years of age; and
(ii) Not the person’s spouse.
(B) It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim.
(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

A

sexual assault in the third degree

77
Q

Classification: Sexual assault in the third degree

A

C felony

78
Q

a) A person commits ___ if the person:
(1) Being twenty (20) years of age or older:
(A) Engages in sexual intercourse or deviate sexual activity with another person who is:
(i) Less than sixteen (16) years of age; and
(ii) Not the person’s spouse; or
(B) Engages in sexual contact with another person who is:
(i) Less than sixteen (16) years of age; and
(ii) Not the person’s spouse

A

sexual assault in the fourth degree

79
Q

(a) A person commits sexual assault in the fourth degree if the person:
(1) Being ___ years of age or older:
(A) Engages in sexual intercourse or deviate sexual activity with another person who is:
(i) Less than ___ of age; and
(ii) Not the person’s spouse; or
(B) Engages in sexual contact with another person who is:
(i) Less than ___ of age; and
(ii) Not the person’s spouse

A

twenty (20), sixteen (16) years, sixteen (16) years

80
Q

(a) A person commits ___ if the person: (2) Engages in sexual contact with another person who is not the actor’s spouse, and the actor is employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or a city or county jail.

A

sexual assault in the fourth degree

81
Q

Classification: Sexual assault in the fourth degree- (a) A person commits sexual assault in the fourth degree if the person: (B) Engages in sexual contact with another person who is:

(i) Less than sixteen (16) years of age; and
(ii) Not the person’s spouse

A

A misdemeanor

82
Q

(a) A sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a:
(1) Level 3 or Level 4 offender may not knowingly reside within ___ of the property on which a public or private elementary or secondary school, public park, youth center, or daycare facility is located; or
(2) Level 4 offender may not knowingly reside within ___ of a church or other place of worship.
(b) (1) It is not a violation of this section if the property on which the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which the public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship was established.
(2) The exclusion in subdivision (b)(1) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after the public or private elementary or secondary school, public park, youth center, daycare facility, or church or other place of worship is established.
(c) (1) (A) With respect to a public or private elementary or secondary school or a daycare facility, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 16, 2003.
(B) With respect to a public park or youth center, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 31, 2007.
(2) (A) The exclusion in subdivision (c)(1)(A) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense after July 16, 2003.
(B) The exclusion in subdivision (c)(1)(B) of this section does not apply to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense on or after July 31, 2007.
(3) With respect to a church or other place of worship, it is not a violation of this section if the sex offender resides on property he or she owns prior to July 22, 2015.

A

two thousand feet (2,000’), two thousand feet (2,000’)

83
Q

Classification: Registered offender living near school, public park, youth center, daycare, or church or other place of worship prohibited

A

D felony

84
Q

(a) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level ___ or Level ___ offender to knowingly:
(1) Engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under ___ years of age; or
(2) Accept work as a self-employed person, an independent contractor, or an employee or agent of a self-employed person or independent contractor that is to be performed at a privately owned daycare facility when the privately owned daycare facility has in its care a child.

A

3 or level 4, sixteen (16)

85
Q

Classification: Registered offender working with children prohibited

A

D felony

86
Q

(a) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or required to register as a sex offender in any other state to knowingly:
(1) Provide false information to obtain an identification card or a driver’s license under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence; or
(2) Possess an identification card or a driver’s license issued under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence.
(b) It is an affirmative defense to a violation of subdivision (a)(2) of this section if the sex offender has provided notice of a change of address as required by § 27-16-506.

A

Registered offender – Incorrect permanent physical address on identification cards or driver’s license prohibited

87
Q

Classification: Registered offender – Incorrect permanent physical address on identification cards or driver’s license prohibited

A

(a) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or required to register as a sex offender in any other state to knowingly:
(1) Provide false information to obtain an identification card or a driver’s license under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence (D FELONY)

(2) Possess an identification card or a driver’s license issued under Title 27 of this Arkansas Code that indicates an incorrect permanent physical address for his or her residence. (A MISDEMEANOR)

88
Q

(a) As used in this section, “victim” means a victim of a sex offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.
(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly:
(1) Reside within two thousand feet (2,000’) of the residence of his or her victim; or
(2) Have direct or indirect contact with his or her victim for the purpose of harassment under § 5-71-208.
(c)
(1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the property where the sex offender resides is owned and occupied by the sex offender and was purchased prior to the date on which his or her victim began residing within two thousand feet (2,000’) of the residence of the sex offender.
(2) The affirmative defense in subdivision (c)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after his or her victim began residing within two thousand feet (2,000’) of the residence of the sex offender.
(d)
(1) It is an affirmative defense to a prosecution for a violation of subdivision (b)(1) of this section if the sex offender resides on property he or she owned prior to March 21, 2007.
(2) The affirmative defense in subdivision (d)(1) of this section is not available to a sex offender who pleads guilty or nolo contendere to or is found guilty of another sex offense involving his or her victim after March 21, 2007.

A

Registered offender living near victim or having contact with victim prohibited

89
Q

Classification: Registered offender living near victim or having contact with victim prohibited

A

D felony

90
Q

(b) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a public school.
(c) It is not a violation of this section if the sex offender:
(1) Is less than twenty-two (22) years of age and is a student enrolled in a grade kindergarten through twelve (K-12) program;
(2) Enters upon the campus for the purpose of attending a graduation ceremony or a baccalaureate ceremony;
(3) Enters upon the campus on a day that is not designated a student contact day by the public school’s calendar or on a day in which no school-sponsored event is taking place upon the campus;
(4) Is the parent or guardian of a student enrolled in a public school and enters upon the campus where the student is enrolled for the purpose of:
(A) Delivering to the student medicine, food, or personal items if the medicine, food, or personal items are delivered directly to the public school’s office; or
(B) Attending a scheduled parent-teacher conference if the sex offender is escorted to and from the scheduled parent-teacher conference by a designated public school official or employee; or
(5) Has been assessed as a Level 3 offender and enters upon the campus for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed if the sex offender:
(A)
(i) Is the parent or guardian of or is related by blood or marriage within the fourth degree of consanguinity to a student enrolled in the public school.
(ii) The degree of consanguinity is computed under § 28-9-212; and
(B) Notifies the administration of the school in writing at least twenty-four (24) hours before the start of the school-sponsored event for which an admission fee is charged or tickets are sold or distributed that he or she will be attending the school-sponsored event for which an admission fee is charged or tickets are sold or distributed.
(d)
(1) A sex offender who is the parent or guardian of a student enrolled in a public school and wishes to enter upon the campus where the student is enrolled for any other purpose shall give reasonable notice to the public school principal or his or her designee.
(2)
(A) The public school principal or his or her designee may allow the parent or guardian sex offender to enter upon the campus so long as there is a designated public school official or employee available to escort and supervise the parent or guardian sex offender while he or she remains on campus.
(B) If a designated public school official or employee is not available at the time the parent or guardian sex offender wishes to enter upon the campus, the parent or guardian sex offender shall not enter upon the campus until he or she is notified that a designated public school official or employee is available.

A

Registered offender prohibited from entering upon school campus – Exception

91
Q

Classification: Registered offender prohibited from entering upon school campus – Exception

A

D felony

92
Q

(a) As used in this section, “water park” means a recreational facility that has among its features a swimming pool and is open to the general public.
(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter a water park owned or operated by a local government.

A

Registered offender prohibited from entering a water park owned or operated by a local government

93
Q

Classification: Registered offender prohibited from entering a water park owned or operated by a local government

A

D felony

94
Q

(a) As used in this section:
(1) “Arkansas State Park” means a state park classified or reclassified as an official state park under § 22-4-201(1) or § 22-4-202;
(2) “Children’s playground” means a place with a specific design for children to be able to play there, whether indoor or outdoor; and
(3) “Swimming area” means a place with a specific design for people to swim, including without limitation a beach, a swimming pool, and a water park.
(b) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter a swimming area or children’s playground contained within an Arkansas State Park.

A

Registered offender prohibited from entering a swimming area or children’s playground contained within an Arkansas State Park

95
Q

Classification: Registered offender prohibited from entering a swimming area or children’s playground contained within an Arkansas State Park

A

D felony

96
Q

(a) A person commits ___ if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit:
(i) Terrorism, as defined in § 5-54-205;
(ii) Rape, § 5-14-103;
(iii) Kidnapping, § 5-11-102;
(iv) Vehicular piracy, § 5-11-105;
(v) Robbery, § 5-12-102;
(vi) Aggravated robbery, § 5-12-103;
(vii) Residential burglary, § 5-39-201(a);
(viii) Commercial burglary, § 5-39-201(b);
(ix) Aggravated residential burglary, § 5-39-204;
(x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 – 5-64-508, involving an actual delivery of a controlled substance; or
(xi) First degree escape, § 5-54-110; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life

A

capital murder

97
Q

(a) A person commits ___ if: (2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit arson, § 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person

A

capital murder

98
Q

(a) A person commits ___ if: (3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person

A

capital murder

99
Q

(a) A person commits ___ if: (4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person

A

capital murder

100
Q

(a) A person commits ___ if: (5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, the person causes the death of any person

A

capital murder

101
Q

(a) A person commits ___ if: (6) While incarcerated in the Department of Correction or the Department of Community Correction, the person purposely causes the death of another person after premeditation and deliberation

A

capital murder

102
Q

(a) A person commits___ if: (7) Pursuant to an agreement that the person cause the death of another person in return for anything of value, he or she causes the death of any person

A

capital murder

103
Q

(a) A person commits ___ if: (8) The person enters into an agreement in which a person is to cause the death of another person in return for anything of value, and a person hired pursuant to the agreement causes the death of any person

A

capital murder

104
Q

(a) A person commits ___ if: (9)
(A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed.
(B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member

A

capital murder

105
Q

(a) A person commits ___ if: (10) The person:
(A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and
(B) Thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life.

A

capital murder

106
Q

(c) (1) Capital murder is punishable as follows:
(A) If the defendant was ___ years of age or older at the time he or she committed the capital murder:
(i) Death; or
(ii) Life imprisonment without parole under §§ 5-4-601 – 5-4-605, 5-4-607, and 5-4-608; or
(B) If the defendant was younger than ___ years of age at the time he or she committed the capital murder, life imprisonment with the possibility of parole after serving a minimum of ___ imprisonment.

A

eighteen (18), eighteen (18), thirty (30) years’

107
Q

(a) A person commits ___ if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life

A

murder in the first degree

108
Q

(a) A person commits ___ if: (2) With a purpose of causing the death of another person, the person causes the death of another person

A

murder in the first degree

109
Q

(a) A person commits ___ if: (3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.

A

murder in the first degree

110
Q

Murder in the first degree: (b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:

(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act’s commission;
(2) Was not armed with ___;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.

A

a deadly weapon

111
Q

Classification: Murder in the first degree

A

(1) Murder in the first degree is a Class Y felony.
(2) Unless the application of § 16-93-621 results in a person being eligible for parole at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole after serving a minimum of twenty-five (25) years’ imprisonment.

112
Q

(a) A person commits ___ if:
(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life

A

murder in the second degree

113
Q

(a) A person commits ___ if: (2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.

A

murder in the second degree

114
Q

Classification: Murder in the second degree

A

A felony

115
Q

(a) A person commits___ if:
(1)
(A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.
(B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor’s situation under the circumstances as the actor believed them to be

A

manslaughter

116
Q

(a) A person commits ___ if: (2) The person purposely causes or aids another person to commit suicide

A

manslaughter

117
Q

(a) A person commits ___ if: (3) The person recklessly causes the death of another person

A

manslaughter

118
Q

(a) A person commits ___ if: (4) Acting alone or with one (1) or more persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony:
(i) The person or an accomplice negligently causes the death of any person; or
(ii) Another person who is resisting the felony or flight causes the death of any person.

A

manslaughter

119
Q

Classification: Manslaughter

A

C felony

120
Q

(a) (1) A person commits ___ if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:
(A) While intoxicated;
(B) (i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person’s breath or blood based upon the definition of alcohol concentration in § 5-65-204, as determined by a chemical test of the person’s blood, urine, breath, saliva, or other bodily substance.
(ii) The method of the chemical test of the person’s blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206;
(C) While passing a stopped school bus in violation of § 27-51-1004; or
(D) While fatigued.
(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class ___.

A

negligent homicide, B felony

121
Q

(1) A person commits ___ if he or she negligently causes the death of another person.
(2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class ___.

A

negligent homicide, A misdemeanor

122
Q

(c) As used in this section:
(1) “Fatigued” means:
(A) Having been without sleep for a period of twenty-four (24) consecutive hours; or
(B) Having been without sleep for a period of twenty-four (24) consecutive hours and in the state of being asleep; and
(2) “Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant to such a degree that the operator’s reactions, motor skills, and judgment are substantially altered and the operator therefore constitutes a clear and substantial danger of physical injury or death to himself or herself or to another person.

A

Definitions for negligent homicide

123
Q

(b) It is unlawful for any physician or health care provider to commit the offense of ___ by:
(1) Prescribing any drug, compound, or substance to a patient with the express purpose of assisting the patient to intentionally end the patient’s life; or
(2) Assisting in any medical procedure for the express purpose of assisting a patient to intentionally end the patient’s life.
(c) Upon conviction, any physician or health care provider violating subsection (b) of this section is guilty of a Class ___.

A

physician-assisted suicide, C felony

Lt. Test (9 decks)

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